Diana Lucia Martinez's Answers

MSC & briefs explained please

Lack of communication is one of the biggest complaints against family law attorneys. I don't really understand it. I know that there are times that a person going through a divorce does not "hear" what is being said (usually because of the heightened emotional state they are in). But that is no excuse. It is the attorney's job to make sure the client is informed and aware of what is going on in their case. If you have a communication problem with your attorney, it is up to you to let him/her...

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MSC

It sounds like your case is slipping through the cracks, so to speak. There are situations where counsel, for whatever reason, is not able to appear. And rather than request a continuance, the hearing maybe such that a special appearance on his/her behalf is appropriate. Judges do not like this practice, and neither to clients unless they are prepared for it (not a surprise). It sounds like you need to have a discussion with your attorney to find out what is going on. You already have a...

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How can i find out what i would possibly get for child and spousal support if i get a divorce?

My colleague is correct. There are a number of factors that you need to consider. If you have some basic information, you can visit the California department of child support services web site listed below and enter your information. But remember, the information you put in directly impacts what comes out. So if it is off or different or incorrect, you may be relying on numbers that are different from what your husband calculates. Also, the spousal support amount from the online formula is...

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Wife file for divorce and I was served at the job however the service was "improper" can the divorce continue if I don't respond

Under California law, if one spouse wants a divorce, they get it. Ignoring even an improperly served petition, will not prevent the divorce from moving forward. You will do yourself more harm than good if you don't respond. In most divorce cases, there is one spouse who wants the divorce done last year and the other spouse who doesn't want it at all. This creates a lot of conflict. I would suggest that you consult an attorney to understand your options for divorce (process, results,...

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Divorce in CA, division of community and separate property under CA state law

In order to keep costs down, you may want to seek an attorney mediator to help your parents resolve. I am currently handling a matter in which the parties were married for over 30 years but have lived separately for over 1 years. The problems here is going to be agreeing on a date of separation. Date of separation is the date when one party communicates (orally or in writing) to the other that the marriage is over - they want out. This date is important because under California law it sets...

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My spouse refuses to proceed with the rest of the divorce process. What means do I have to compell her to act?

If you work with the right resources, you may learn what is motivating your wife to delay. I have had these situations come up in my mediations. I have found that therapist/coaches are invaluable here. You do need to make sure that your legal interests are not being jeopardized or harmed. So I agree that you should speak to an attorney who can represent you individually (not a neutral). If that attorney understands and appreciates your the reasons you entered into mediation to begin with,...

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When getting divorced, is it better to sell our house rather than keeping it?

Your questions depends on so many factors. I would suggest that when you do speak with your mediator, you ask about bringing in either a real estate co-mediator/neutral consultant or a financial planner/CPA co-mediator/neutral consultant, or both, or that you seek individual counsel from such professional(s). If the goal is to hold on to the property until values go back up, ask yourself "back up to what?" Most realtors agree that the values we saw 4 years ago were a complete fluke - which...

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I am divorced in CA, own a house (tenants in common) with ex. I want to buy her out - I owe her half equity as of what date?

Ok, here's the bad news: there is no simple, clear answer to your question. As my learned colleague has explained, there are many factors to consider here - use of the property, spousal support payments/orders, payments towards mortgage, maintenance, taxes. People tend to spend a lot of time and money on attorneys trying to figure out what is "fair" or trying to support their particular position as to what is "fair". The good news: if you can agree on how to resolve this, the legal...

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Can I sue my ex wife for student loans?

Ok. You have a number of things going on in this question: 1. How are student loans handled in divorce? 2. What is my recourse given that my mother and uncle co-signed and she now refuses to pay the loans? 3. The divorce is not final. How do I stop this? 4. She benefited from the education paid for by the loans, is their recourse relating to this? First, student loans are usually allocated to the person who benefits from them (the student). I say "usually" because there may be...

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I want divorce, the problem is my soon to be ex-wife did some illegal things while we were married, how do i go about this?

You absolutely need to consult an attorney well versed in federal criminal fraud. If you were aware of her conduct at the time, if you received any benefit from the conduct, if you filed joint and approved/affirmed the taxes, you have some serious issues. You may also have some defenses - I don't know based on this information. As for the divorce, it would be my belief that both of you would want to keep your discussions as confidential as possible to avoid any public incriminating...

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